How Much Can I Get for a Traumatic Brain Injury (TBI) After a California Slip-and-Fall Accident?

Maison Law represents traumatic brain injury (TBI) victims in California. If you or a loved one has sustained a traumatic brain injury after a slip-and-fall, you may face overwhelming expenses such as rehabilitation, medical care, Medicare, and psychotherapy.

At Maison Law, we understand how quickly medical costs for traumatic brain injury victims can add up. That’s why our skilled Slip-and-Fall Lawyers aim to recover the maximum amount of compensation to provide you with financial peace of mind and stability in your life.

Contact Maison Law today for a free consultation and case evaluation to learn about your legal options.

Determining Settlement Value for a Traumatic Brain Injury (TBI) after a California Slip-and-Fall Accident

The aftermath of a traumatic brain injury (TBI) doesn’t just end after an accident. Victims of TBIs tend to accumulate enormous medical bills and are likely to require long-term care. As a result, a traumatic brain injury case often settles amongst the highest figures among all personal injury claims, ranging anywhere from $100,000 to millions of dollars.

But with that said, it is difficult to provide an average settlement amount for brain injury cases. However, there are key factors that determine TBI settlement value:

• The severity of the injury
• The characteristics of the victim
• The value of your non-economic damages
• Whether you are awarded punitive damages
• The financial position and insurance policy of the at-fault party

At Maison Law, we believe that brain injury victims deserve fair compensation. However, every circumstance is different, and certain factors can bring value to the case or reduce what a case is worth. For more information, contact us today for a free consultation.

What Influences Settlement Value in a California Slip-and-Fall Accident?

You may consider filing a personal injury claim if you’ve suffered a traumatic brain injury in a slip-and-fall accident in California. Before filing, however, it is important to understand several factors that may influence the value of your settlement. These include:

• Liability: the degree to which the defendant is found responsible for the injury can add value to your settlement. The more reckless the defendant’s actions usually result in a higher settlement.
• Insurance coverage: the defendant’s insurance policy limits can cap the maximum settlement amount. If the defendant has an insufficient insurance policy, then alternate means of compensation will have to be pursued.
• Legal representation: the expertise and negotiation skills of a personal injury attorney will impact the outcome of your case.
• Contributory negligence: California is a pure comparative negligence state, meaning both the plaintiff and defendant can be found at fault. If you’re found at partial fault, then your settlement will be reduced accordingly.
• Nature and extent of Injury: the cost of all reasonably necessary medical treatment and the estimated cost of future medical treatment are essential to the value of a case.
• Objective findings for physical pain: pain is a subjective thing, so, objective evidence is needed to support it in a personal injury case. This is usually presented in the form of X-rays and MRIs.
• Medical history of the victim: the prior medical history of the plaintiff comes into play if they were injured in the same area where they already have a medical history of issues. Under California, the negligent party is not responsible for prior injuries unless they were made worse by the incident.
• Plaintiff’s age: the age of the victim comes into play if the injury may have been a result of “degenerative changes” rather than the careless act, or hazardous condition.
• The occupation of the victim: the amount the injured victim was making and the amount they can no longer make due to their injuries plays a large role in determining their settlement.

If you’re unsure about the liability or value of your case, take our no-cost, no-obligation consultation here.

What Factors Could Decrease My Traumatic Brain Injury Settlement?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced Slip-and-Fall Lawyer will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These include:

1. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
   1. “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
3. Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects

It is important to work with your attorney to plan ahead to prevent potential setbacks in your case and attempt to turn them into positives for your settlement.

How Do You Know If You Have a TBI After a California Slip-and-Fall Accident?

According to Medscape, TBIs are the fourth leading cause of death in the United States with nearly two million traumatic brain injuries occurring every year. For that reason, it is important to know how to identify a TBI if you’ve suffered any type of head injury. Traumatic brain injuries fall into two distinct categories. These categories are known as:

• Penetrating TBI: penetrating TBI (pTBI) is a wound in which a projectile breaches the cranium, but does not exit it. Due to the serious nature of this injury, the mortality rate for penetrating head injuries is high. 50% of all trauma deaths are secondary to TBIs. These injuries are extremely obvious and require immediate treatment.
• Non-penetrating TBI: a non-penetrating TBI is also known as a “closed head injury” or a “blunt” TBI. This is caused when an external act causes the brain to move around within the skill. This injury can also be classified as a serious concussion. Common causes of non-penetrating TBIs include car accidents, rough falls, sports accidents, or blunt force trauma to the head. These injuries can lie dormant until a victim’s basic motor skills begin to decline.

If you’ve suffered either one of these TBIs, it is important to discuss your legal options with a Traumatic Brain Injury Lawyer as your symptoms can cause long-term or permanent damage to your health.

Common Types of Traumatic Brain Injuries in a California Slip-and-Fall Accident

Brain injuries are divided into two broad categories: open-brain injuries and closed-brain injuries. The main difference between the two categories is whether or not the skull was penetrated. A closed-brain injury means the skull was not penetrated, whereas an open-brain injury implies the skull was penetrated during the incident. Within open and closed brain injuries are numerous injuries that can occur. These include:

• Concussions: a concussion is classified as a closed-brain injury, ranging from minor to severe. They typically occur after blunt force trauma to the head, causing the brain to move inside a person’s head. For example, concussions are common after a sudden collision during a car accident, or a football player being hit in the head unexpectedly by another player.
• Hematomas: hematomas occur when there is pooling or clotting of blood around the brain as a result of a ruptured blood vessel. Blood clots in the brain can put a person at risk of suffering permanent brain damage due to the lack of blood to the brain. If the brain doesn’t receive blood it can result in an Ischemic stroke, which will cause brain cells to die, resulting in permanent loss of body functions or death. Ischemic strokes are the most common type of stroke resulting in around 80% of all strokes according to the Cleveland Clinic.
• Edemas: an edema occurs when there is swelling around the brain. This injury is dangerous because it can cause the brain to swell against the skull, leading to pressure on various parts of the brain and causing permanent damage.
• Hemorrhages: a hemorrhage is when there is uncontrolled bleeding around the brain, which can put too much pressure on the organ and cause permanent damage.
• Skull fractures: A skull fracture can weaken the structure of the skull, meaning the brain is more susceptible to damage if a person suffers additional blows to their head.
• Diffuse axonal injury: this injury occurs when the axon cells in your brain are damaged. When these cells are damaged, a person can lose essential functions permanently if they do not receive immediate treatment for damaged brain cells.

Contact a Slip-and-Fall Lawyer in California

If you or a loved one has been involved in a slip-and-fall accident in California and suffered a traumatic brain injury, Maison Law is here to get you the compensation you need. Brain injuries are very serious conditions, which is why we aggressively pursue successful outcomes for TBI victims. Contact Maison Law today for a free consultation and case evaluation. Our firm operates on a no-win, no-fee policy, so you will not be charged a cent unless we win your case.